BILL NUMBER: AB 725 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 28, 2008
AMENDED IN SENATE MARCH 13, 2008
AMENDED IN SENATE MARCH 4, 2008
AMENDED IN ASSEMBLY JANUARY 24, 2008
AMENDED IN ASSEMBLY APRIL 24, 2007
INTRODUCED BY Assembly Members Lieber and DeVore
(Coauthors: Assembly Members Beall, Hancock, and Hayashi)
FEBRUARY 22, 2007
An act to add Section 50455.7 to the Health and Safety Code,
relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 725, as amended, Lieber. Housing: universal rental housing
application.
Existing law requires the California State Housing Plan to include
a housing strategy that coordinates housing assistance and
activities of state and local agencies.
This bill, on and after October November
1, 2009, would require specified rental housing providers to
use and make available to prospective tenants, not-for-profit
agencies, and others upon request, a universal rental housing
application, to be developed by the Department of Housing and
Community Development in coordination with specified governmental
agencies, as provided. The bill would require the department and
specified governmental agencies to notify specified rental housing
providers of the requirements of these provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 50455.7 is added to the Health and Safety Code,
to read:
50455.7. (a) (1) On and after October
November 1, 2009, a rental housing provider as specified in
subdivision (b) shall use and make available to prospective tenants,
not-for-profit housing assistance organizations, public agencies, and
others upon request, a universal rental housing application, to be
developed by the department under subdivision (c). Nothing in this
section prevents a rental housing provider from requesting other
reasonable information not contained in this application from
prospective tenants.
(2) The rental housing provider shall require a rental agent or
property manager to do both of the following:
(A) Make the application available to any person who requests
it, including, if requested, the plain English, large-print,
color-illustrated accessible format developed under subdivision
it, including, if requested, the accessible formats
developed under subdivision (d).
(B) Post, in a prominent place on the leasing agent's or property
manager's Internet Web site, if any, a link to the page on the
department's Internet Web site containing the application and the
plain English, large-print, color-illustrated accessible
format. accessible formats.
(b) Subdivision (a) applies to a rental housing provider that has
received any of the following and whose rental housing units are
still subject to the rent restrictions pursuant thereto:
(1) A loan or grant from the department or the California Housing
Finance Agency.
(2) State or federal tax credits allocated by the Tax Credit
Allocation Committee.
(3) Tax-exempt bond authority allocated by the Debt Limit
Allocation Committee.
(c) By no later than July August 1,
2009, and each time new requirements or other changed circumstances
require it, the department shall develop and adopt a universal rental
housing application in coordination with the Tax Credit Allocation
Committee, the Debt Limit Allocation Committee, and the California
Housing Finance Agency.
(d) (1) The department shall develop the application in the
following accessible formats, in addition to the standard format:
(A) In plain English, with a large font and colored
illustrations . The department shall test this
format with a focus group of persons with diverse disabilities.
(B) In a format that is readable by computers equipped with
aural-reading technology.
(B) In plain English, with a large font and colored illustrations.
(2) Upon the request of the department, the State Council on
Developmental Disabilities shall advise and assist the department in
developing the accessible formats of the application required under
this subdivision.
(3) The application shall include this statement: "This
application is available upon request in a plain English,
large-print, illustrated format. It is also available in a format
that is readable by computers equipped with aural-reading technology
at (insert application is available, upon request, in
plain English with large print, and in plain English with large print
and colored illustrations. It also is available in an accessible,
downloadable text file at (insert the URL for the page on the
department's Internet Web site where this format is posted)."
(e) The department shall make the application available for public
review and comment 30 45 days prior to
adopting the application.
(f) The information requested on the application form shall
include, but need not be limited to, all of the following:
(1) The name, age, and student status of each person who will live
in the household.
(2) All of the following regarding the applicant:
(A) Mailing address, contact telephone number, and any e-mail
address.
(B) The applicant's physical address, if any.
(C) Not less than two years of housing history.
(D) Detailed income information, including, but not limited to,
all of the following that apply:
(i) Current employment income and information, and employment
history for the past five years.
(ii) The amounts of and information on any pension or retirement
benefits.
(iii) The amounts of and information on any child, spousal, or
family support income.
(E) Information on current assets and on any asset that was
disposed for less than fair market value within the past five years.
(F) The information required under the guidelines in the United
States Department of Housing and Urban Development Handbook (HUD
4350.3, Rev. 1, Change 2).
(G) The information required on California Apartment Association
form 3.0-R, revised 1/08, "Application for Rent."
(H) The information required on the California Association of
Realtors form, "Application to Rent/Screening Fee" (C.A.R. Form LRA),
except that the application shall include only the information
required of the applicant, and shall not include the screening fee.
(I) The Southern California Cities Apartment Association form,
"Application to Rent."
(g) In designing the form, the department shall consider the
format that the Tax Credit Allocation Committee uses on the following
forms:
(1) Tenant Income Certification (February 2004).
(2) Tenant Income Certification Questionnaire.
(3) Employment Verification (September 2000).
(4) Student Verification (September 2000).
(5) Certification of Zero Income (September 2000).
(6) Under $5,000 Asset Certification (September 2000).
(7) Child and Spousal Support (May 2007).
(8) Marital Separation Status Affidavit (May 2007).
(9) Student Financial Aid Verification (July 2006).
(h) The department shall post the application form and the
format developed under subparagraph (A) of paragraph (1) of
accessible formats developed under paragraph (1) of
subdivision (d) on its Internet Web site.
(i) The department, the Tax Credit Allocation Committee, the Debt
Limit Allocation Committee, and the California Housing Finance Agency
shall do both of the following:
(1) Notify the rental housing providers specified in subdivision
(b) of the requirements of this section after publishing the
application, and each time the department publishes a revised
application.
(2) Notify rental housing providers who receive the funds, tax
credits, or bond authority specified in subdivision (b) of the
requirements of this section when they receive the funds, tax
credits, or bond authority.
(j) The department shall release a request for proposal for the
development of the accessible formats required under subdivision (d),
including, but not limited to, any tests with focus groups
at least one test with a focus group of persons with
diverse disabilities . The department shall not accept any bid
that is for more than five thousand dollars ($5,000). Any requirement
under this section relating to the accessible formats shall not
apply if the department does not accept a bid under this subdivision
for the development of the formats.
(k) The department's adoption of the universal rental housing
application and compliance with the other requirements of this
section shall not be subject to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
Nothing in this section shall authorize the department to adopt
or amend any regulation.